EVANS v. DEPARTMENT OF REVENUE

No. 05CA1797.

159 P.3d 769 (2006)

Lane R. EVANS, Plaintiff-Appellant, v. DEPARTMENT OF REVENUE, STATE of Colorado MOTOR VEHICLE DIVISION, Defendant-Appellee.

Colorado Court of Appeals, Div. IV.

November 16, 2006.


Attorney(s) appearing for the Case

Curtis V. Smith, Stephen C. Cook, Amy N. Leonard, Littleton, Colorado, for Plaintiff-Appellant.

John W. Suthers, Attorney General, Ana C. Bowman, Assistant Attorney General, Denver, Colorado, for Defendant-Appellee.


Opinion by Judge ROMÁN.

Plaintiff, Lane R. Evans, appeals the district court judgment affirming the revocation of his driver's license by the Department of Revenue based upon his refusal to submit to testing as required by the express consent statute. We affirm.

The relevant facts are essentially undisputed. Plaintiff was involved in a motor vehicle accident. The deputy sheriff who arrived at the scene observed that plaintiff's balance was poor, that...

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